Hi everyone. New to this so bear with me.

Right done all the process. Statements etc . Requested £2800 in charges. No reply. Requested again. No reply. Done MCOL for £3800 plus interest etc. Now had offer from bank for full amount NOT including interest etc. Sent them redcorded delivery letter saying would accept as partial payment and would call off claim if they paid in full. No reply as yet. DID I DO RIGHT. Also Cobbets 28 days was up today and they have filed a defence. Waiting for this paperwork now. WHAT SHOULD I DO NOW. Do you think I should continue or should I just write back and accept the £2800.

Sorry £2800 not £3800

hi sif

i had the same as you (received offer no interest or costs), the next week i received a cheque for the full amount from cobbets, dated 21 days before i got it, so if all goes the same you should receive a cheque soon

Thanks for that .............. makes me feel a bit more confident. Must admit very tempting to take there offer. We will just have to wait and see. Thanks..

i take it you got your offer on friday or saturday last week?

Yes I did. Saturday morning. I sent letter back (recorded delivery) on Monday saying will aceept as partial payment etc etc. Cobbets last day for defence is today and as usual they have filed at last min. Did you get your cheque straight away or did you have to do the allocation questionaires etc first.

i had the aq but didnt have to file it, so just hang in there you'll probably get there defence first then the aq then the cheque, if they act the same as they did with me but in my opinion and thats mine only, the postman will be knocking on your door this saturday

Interesting.. I hope you are right and the nice postie brings me a big fat cheque. If not, do you reckon I leave it till the very last minute to send my AQ (recorded delivery of course). Thanks for your help. Looking through the threads most people have had there offers before MCOL - it is reassuring to know that someone has been in the same boat as me. Congratulations on your pay out..

i would hold the aq or you have to send another letter asking for £100,

but i bet it dosnt get that far, i take it you just read my thread, at times it is squeezy buttocks time wondering if you've done the right thing, but as you see it all comes good in the end, when you receive the defence post it on here let us have a look ( and laugh ) and you'll get all the help you need,

Thank you ........... will keep you posted..

sif,

Absolutely spot on. They will pay you your claim with interest .They have tried this [problem] on so many people.Nat West will not enter a court room to defend their charges because they will have to disclose there true costs. You are on the home

stretch . Good luck

Right I have received my AQ today and my CPR18. Should I just send the CPR Part 18 letter for now and keep the AQ until nearer my deadline.

hi sif I filed my claim at court last week and I received a offer for £2221 today however now i have filed at court my claim is now £2907 so I have sent mr Higley a letter today just as you did and accepted as a partial offer so I am all jittery aswell thinking have I done the right thing:o

Hi Amelia........ hopefully we have done the right thing. Just keep our fingers crossed. Going to do my CPR letter now ... just looking for a sample letter.

Hi, Can anyone help me. My defence has arrived and seems standard to eveyone elses, apart form paragraph 2 which reads:

Without prejudice to the non-admission set out in the foregoing paragraph, if and to the extent that the Claimant proves the allegation that the Defendant debited charges to the Claimant's bank account, insofar as such charges were debited on a date or dates more than six years prior to the issue of this claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the operation of the Limitation Act 1980 and or the doctrine of laches and the Defedant will aplly to strike out this aspect of the claim and or for summary judgment.

WHAT DOES THIS MEAN ..................... PLEASE HELP?????

Basically they are referring to penalty charges which fall otside the scope of the six year Limitation Act. They are stating that your claim goes beyond six years and they will try to get this period struck out.

If it's anything like my claim I had the same scenario, they deem the six year period to start from when you issued your claim through the court, but my feelings are that the six year period actually starts from the date you notified the bank of your intentions to reclaim the charges ie the preliminary letter date.

I argued this factor and managed to get settlement for the period which I originally stated, so can't see it being any different in your case either.

Thanks for that Deller. A bit more relieved now. Did you write them a letter etc, if so what did you put. thanks.

I did write them a letter but it was also rejecting an offer they made at the time, you could use the basis of the letter but will need to amend certain points as there was no offer in your situation.

Thank you for your letter dated XXth xxxxxxx 2006.

 

I first contacted your client regarding their unlawful charges on xxth xxxxxxx 2006 and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However I am happy to let the court decide on this matter.

 

Your client should consider themselves fortunate I have not claimed charges going further back, since I believe that any limitation would be overturned under the terms of section 32 of the Limitations Act, due to their continued "concealment" of the facts that their charges are unlawful, or for relief from a "mistake".

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth xxxxxxx 2006

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

 

Yours faithfully

 

Thanks for that lettter. It certainly helps when you know other people are going through the same thing as yourself.

ANyway just looking through defence again and I am a bit puzzled on two paragraphs. What do they mean and what should I do.

3 No admissions are made as to what charges have been debited to the Claimants bank account.

4 The Claimant refers under pargraph 3 of the POC to having provided the Defendant with a copy of list of charges. The Defendant has not received a copy of this list as part of the claim. The claimant is therefore put to strict proof of each and every charge the subject of the claim and must identify in respect of each charge (a) the date the same was debited (b) the amount of the same and © the description applied to the charge.

I filed my claim on line with MCOL> and sent copies to the bank, cobbets and the court. PLEASE HELP SOMEONE> Does this mean I won't be paid out.

Thanks

3. We're not admitting what we charged you and when.

4. You've got to prove we charged you.

This doesn't mean you won't get paid, all it means is if it gets to court you'd need to provide copies of the relevant statements/list of charges.

Thank you.. Feel relieved now. Time is going so ssssssssssssssssssssllllllllllllllllllllllllllllllllllllllllllllllllooooooooooooooooooooooooowwwwwwwwwwwwwwwwwwwwwwwwwlllllllllllllllllllllllllllllllllllllllllllllllyyyyyyyyyyyyyyyyyyy now. Just playing the waiting game.

Does this mean I won't be paid out.

Concentrate on the AQ:

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

sif,

Absolutely normal defence. Cobbetts are just trying to scare you. No need to do anything. Next, you will receive an allocation questionaire from the court or a nice cheque from cobblers.

Hiya Parkvale. You are such a reassuring star. Received AQ, but was gonna hold onto it for as long as possible just in case a nicy juicy cheque came through my letterbox. What do you think.